The Supreme Administrative Court in its order of 7 July 2010 case file II GZ 141/10 held that when examining the application for grant the right of assistance, a court does not undertake any action where the accurate data to allow the full assessment of the financial status and the applicant’s ability to pay are not known, because the applicant avoids to submit of relevant documents on this subject. The right of assistance covers the exemption from court fees and the establishment of the lawyer, tax advisor, or patent attorney. It is the interests of the party to demonstrate the merits of an application in the light of the statutory conditions for granting the right of assistance. See also “Procedural law, case FZ 165/04“.

The Supreme Administrative Court in its order of 18 June 2004 case file FZ 165/04 ruled that the burden of proof to demonstrate the circumstances justifying the granting of the right of assistance lies with the applicant for the grant of such assistance. The right of assistance covers the exemption from court fees and the establishment of the lawyer, tax advisor, or patent attorney. See also “Procedural law, case II GZ 141/10“.